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If you're a surviving spouse filing a joint return, or a court-appointed or court-certified personal representative filing an original return for the decedent, you don't have to file Form 1310.
Even if the executor is discharged from personal liability, the IRS will still be able to assess tax deficiencies against the executor to the extent the executor still has any of the decedent's property.
When filing as an executor of estate, on the Form 1040, include only income and expense items up to the date of death. You'll also file a return for the estate on Form 1041. Include only income and expense items after the date of death.
An estate remains a taxpayer even after the decedent's death. An estate's executor is responsible for filing all applicable tax returns on behalf of the estate.
Form 1310 is filed by the primary beneficiary of the estate of the deceased. This may be the spouse, a child, or another family member of the deceased. If the person did not leave a will, a probate court will name an executor. That person is then responsible for Form 1310.
The personal representative of an estate is an executor, administrator, or anyone else in charge of the decedent's property. The personal representative is responsible for filing any final individual income tax return(s) and the estate tax return of the decedent when due.
An heir of a deceased taxpayer must file Form OR-243 to claim a refund when there is no trustee or court appointed representative. If the court has appointed a personal representative, or a small-estate affidavit has been filed, Form OR-243 is used to request a replacement refund check in the name of the claimant.
If you don't file taxes for a deceased person, the IRS can take legal action by placing a federal lien against the Estate. This essentially means you must pay the federal taxes before closing any other debts or accounts. If not, the IRS can demand the taxes be paid by the legal representative of the deceased.